Sec. 106. Emerging fisheries
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Section 305(a) ( 16 U.S.C. 1855(a) ) is amended— in the subsection heading, by striking and inserting notification of entry ; development of new fisheries by amending paragraph
(1)to read as follows: The Secretary shall publish in the Federal Register, subject to paragraph (3), and after notice and an opportunity for public comment— a list of all fisheries, identified by corresponding Council or Secretarial management under section 302(a)(3)— located entirely or in part in the exclusive economic zone; or located outside of the exclusive economic zone but managed by the United States; with respect to each such fishery— the types of fishing gear authorized for use in such fishery; the jurisdiction (whether State, Federal, interstate, or otherwise) exercising management authority over such fishery; whether a Fishery Management Plan or analogous management structure exists for the fishery; and the species authorized to be caught and retained in such fishery. ; in paragraph (2), by striking those and all that follows through the end of the paragraph and inserting those already listed as to constitute a new fishery or gear type ; by redesignating paragraph
(6)as paragraph (9); and by striking paragraphs (3), (4), and
(5)and inserting the following: Not later than 18 months after the date of enactment of the ____ Act, and at least once every 5 years thereafter, each Council (or the Secretary for fisheries to which section 302(a)(3) applies) shall review the fisheries and gear on the list that are under its authority and submit to the Secretary proposed changes to such list in specific and narrow terms, including geographic range, to ensure that only active fisheries and gear are included on the list. The Secretary shall review proposed changes pursuant to the guidelines established under paragraph
(2)and publish a revised list, after notice and an opportunity for public comment, upon receiving proposed changes from a Council (or from the Secretary for fisheries to which section 302(a)(3) applies). The Secretary may permit, pursuant to section 318(d), on a limited interim basis, fishing activity that is not included on the list, if— the experimental fishing permit is designed and implemented so as to yield information necessary and currently lacking for the analysis required under paragraph (6); the Council collects, evaluates, and makes public the data generated by the experimental fishing activity at the end of each permit year, and based on such evaluation, renders a determination of whether the fishery or fishing gear should be continued, either in the form of a subsequent year of experimental fishing under this paragraph, or in the form of a proposal under paragraph
(5)for a new fishery or fishing gear to be added to the list; and the data collected from, and the Council’s evaluation of, the experimental fishing activity are included in any proposal under paragraph
(5)for a new fishery or fishing gear that may result from the experimental fishing permit. The Secretary may authorize a new fishery or fishing gear that is not included on the list, upon receiving a proposal for a new fishery or fishing gear from a Council, if— the Secretary determines that a sufficient analysis supporting the proposal, as specified in paragraph (7), has been conducted by the Council; the Secretary determines that the new fishery or fishing gear, as specified in the proposal and the accompanying fishery management plan or amendment and regulations under subparagraph (C), is consistent with conservation and management requirements in this Act and other applicable laws; and the Council has prepared and submitted for Secretarial approval pursuant to section 304, concurrently with the proposal for a new fishery or fishing gear, a fishery management plan for the new fishery or fishing gear or an amendment to an existing fishery management plan, including proposed regulations to implement the plan or amendment, in accordance with section 303. If the new fishery or fishing gear will include one or more stocks of fish that also substantially exist in the geographical area of authority of another Council, the fishery management plan or amendment, and implementing regulations, shall be prepared pursuant to section 304(f). The Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, all authorizations for new fisheries or fishing gear, including revisions to the list of fisheries and gear as appropriate, and shall make public all supporting documentation and analysis. The Secretary also shall publish in the Federal Register, after notice and an opportunity for public comment, all decisions to not authorize the development of a new fishery or fishing gear under this paragraph, including the reasons for the decision. A Council shall analyze, for purposes of paragraph (4)(A)— the potential impacts of a new fishery or fishing gear on the proposed target stock, stocks of fish, or stock complexes as well as on other stocks of fish and species, and the marine ecosystem; the potential impacts of a new fishery or fishing gear on existing fisheries and fishing communities, both within the Council’s jurisdiction and, if relevant, in neighboring jurisdictions; different potential management strategies for the new fishery or fishing gear, including identifying any significant differences across management strategies with respect to the potential impacts described in clauses
(i)and (ii); whether the proposed target stock, stocks of fish, or stock complexes occur in any neighboring jurisdictions, and if so, whether it or they are managed by those jurisdictions; and whether the proposed fishing activity should be managed under an existing fishery management plan, or a new plan. The Secretary shall issue guidance for sufficient analysis of these topics, to be used in making determinations under paragraph (5)(A). No person or vessel may employ fishing gear or engage in a fishery not included on the list, except as provided in paragraph (4). A Council may request the Secretary to promulgate emergency regulations under subsection
(c)to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery. .
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Sec. 106
Emerging fisheries
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